The plaintiff is a government-invested institution that performs the duty of vicarious payment of unpaid wages, etc. under the Wage Claim Guarantee Act and the duty of vicarious payment of wages, etc.

The defendant was engaged in the manufacturing business of ships in Jeonnam-gun, Namnam-gun, and closed the business around October 31, 2015.

However, when 98 employees, such as C, who were employed by the Defendant at the time, claimed subrogation payment of overdue wages and retirement allowances under the Wage Claim Guarantee Act, the Plaintiff paid 269,440,120 won in total as part of the overdue wages and retirement allowances for the last three years from April 7, 2016 to October 4, 2016.

According to Article 8 of the Wage Claim Guarantee Act, when the Minister of Employment and Labor has paid a substitute payment to a worker under his/her law, he/she may subrogate the right of the worker to claim the unpaid wages, etc. to the relevant business owner to the extent of the amount paid.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of subrogated payment of KRW 269,440,120 as well as damages for delay calculated at the rate of 6% per annum under the Commercial Act from October 5, 2016 to the delivery date of a copy of the complaint of this case from October 5, 2016 to the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from

Article 208(3)3 of the Civil Procedure Act (Judgment by service) of the applicable provisions of Acts